What are Enduring Powers of Attorney?
Read time: 5 minsAn Enduring Power of Attorney (EPA) allows a chosen attorney to manage an individual’s financial affairs if they lose capacity to do so themselves. While EPAs were replaced by Lasting Powers of Attorney in 2007, any EPAs executed before this date remain valid. Our informative guide tells you everything that you need to know about registering an Enduring Power of Attorney.
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What is an Enduring Power of Attorney?
An Enduring Power of Attorney allows an attorney to make financial and property decisions on behalf of an individual (known as the ‘donor’). Enduring Powers of Attorney were introduced by the Enduring Powers of Attorney Act 1985 but were largely replaced by Lasting Powers of Attorney in October 2007. This means that new EPAs cannot be created, but any created before this date can still be registered.
Although EPAs are mainly intended for use after a donor loses capacity to make decisions for themself, they can be used before registration if agreed with the attorney.
As part of an EPA, an attorney is expected to act in the best interests of the donor by considering their needs and wishes, and they cannot use the EPA to benefit themselves.
What does an EPA cover?
An Enduring Power of Attorney covers property and financial affairs. This means that the appointed attorney can make decisions involving bank accounts, bills, and the buying and selling of property.
However, an EPA does not cover health and welfare decisions (which often include medical care and quality of life considerations). For this, you would need a Health & Welfare Lasting Power of Attorney, which our private client team can assist with.
How do you register an Enduring Power of Attorney?
When it’s believed the donor is unable or is becoming unable to manage their own affairs, the attorney must register the Enduring Power of Attorney with the Office of the Public Guardian (OPG). No evidence is required to prove a loss of capacity, but the attorney must first send a notice (known as an EP1PG) to the donor, certain relatives, and any other attorneys appointed as part of the EPA.
At least three of the following must be informed during this initial step:
- Spouse / Civil Partner
- Children
- Parents
- Siblings
Everybody in a category must be notified, even if this goes past the three-person minimum. For example, if a donor has four siblings, all four must be notified as part of the process.
Once these individuals have been notified, and there are no objections, the application can be filed with the Office of the Public Guardian. This is the final step in registering the Enduring Power of Attorney, and it currently costs £92 to apply.
Frequently Asked Questions
What’s the difference between a Lasting and Enduring Power of Attorney?
An Enduring Power of Attorney would have needed to have been created before October 2007, and only covers financial affairs for the donor. Lasting Powers of Attorney (LPAs) replaced EPAs after this date. Lasting Powers of Attorney must be registered before use, and can also apply to Health & Welfare decisions. If you’re unsure whether you need an LPA, please speak to our team.
Who registers the Enduring Power of Attorney?
Registration of an Enduring Power of Attorney is carried out by your attorney(s). If your attorney is acting jointly and severally, any one attorney can register it. If they act jointly, each attorney must agree to register. One of our experienced Private Client solicitors can help guide you through the process.
Can an Enduring Power of Attorney be cancelled?
Yes. If the donor has capacity and the EPA is not registered, they can revoke it at any time. If the EPA has been registered, the Court of Protection must formally confirm the revocation. A Deed of Revocation is required.
Examples
Example A: Using both an EPA and LPA
David has an Enduring Power of Attorney for financial matters, but he develops dementia and needs medical decisions to be made on his behalf. Because EPAs only cover financial matters, he should look to create a Health & Welfare Lasting Power of Attorney while he still has the capacity to do so. This will ensure that his best interests are able to be prioritised by his appointed attorney(s), if he loses capacity.
Example B: Registering an existing EPA
Margaret created an Enduring Power of Attorney prior to the October 2007 change, but has yet to register it. She has recently started forgetting to pay bills and struggles with banking. So, to make sure her attorney can act on her behalf, she asks her attorneys to register her EPA with the Office of the Public Guardian.
We are here to help!
If you need help registering your EPA, or would like help making a Lasting Power of Attorney, our dedicated team can help. Get in touch to make sure that your financial future is protected.
